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CONTRACTOR AGREEMENT & BOND (9) , ~ AGREEMENT AND BO~m THIS AGREEMENT, by and between the CITY OF CLEAaWATER, FLOR.IDA, a municipal corporation, hereinafter called "CITY", and A.R.I.IILLER, CQI-:-TRACTOR, A 00LE PROPRIETORSHIP hereinafter called llCONTRACTOa", ',iITNESSETH: That in consideration of the mutual covenants and agree- ments herein contained, and in further consideration of the permits and privileges granted hereunder, and the bond given for the faith- ful performance hereof, the parties hereto mutually agree as follo'IJJ's ~ 1. The City hereby grants to Contractor the permit, right and privilege to install and construct the following for General Telephone Company: Construct underground telephone conduit and appurtenances in the following easements from Ridge Road to Flagler Drive: beti'J'een Palmetto and Bonair, between Bonair and Leverne, bE?tween Leverne and Clark; between Clark and Long, between Long and Caroll, between Caroll and Gentry, between Gentry and ShervJOod, betl'leen Sher't'J'Ood and Crolm, beti"leen Crown and Scott, beti'J'een Scott and Logan, and in easement betw'een Ridge and 1yrn: from Scott to Palmetto, bet~J'een Lynn and Kelson, between 1;elson and Chandler, between Chandler and :,Iurray, between Murray and Arden and in easements ea$t of Ard en; Also con- struct underground telephone conduit and appurentances in Sunset Point Road from Highland to Souvenier Drive; and in Souvenier Drive from Sunset Point Road to first easement, north of Elizabeth; and in the first .easern.ent north of Elizabeth from Souvenier Drive, easterly to Ridgeway and in easement between Sunset Point and Elizabeth from Souvenier to Ridgeway. 2. Contractor agrees to submit the plan~ for the afore- said work to the office of theCity Engineer and receive approval from said City Engineer before proceeding with the aforesaid work. 3. Contractor agrees to accomplish the work in an or- der which shall be satisfactory to the City Engineer. 4. - ~ ---- - ' - - , - Contractor agrees that the earth excavation iner:: dental to the above described work shall be done by hand, and no machinery or power-driven tools will be used in the accomplishment of the said excavation, except such portions as may be designated by the City Engineer. Contractor further agrees to water-compact all trenches during back-filling. ~ 'Jf,..- l '\ v/ ,'--. v" -'j ,1 I, ~ ~." I , 5. Contractor shall be wholly responsible for the 1'e.. pair and replacement of utilities and other damage caused by the accomplishment of the work as aforesaid and Contractor further hereby covenants and agrees to replace paving removed or damaged by or because of the accomplishment of the aforesaid work, said paving to be of a type and quality equal to the paving so removed or damaged, and performed in a manner satisfactory to the City En- gineer, of the City of Clearwater. 6. Contract~r hereunto binds himself, his successors and assigns to the faithful performance of this Agreement; and further binds himself, his successors and assigns to the forfeit- ure of the sum of FIVE THOUSA1W DOLLAR::> (';i>5 ,000.00) - - - - - - - to City in the event of ContractorYs breach or default of any of Contractor's covenants, agreements or obligations of Contractor hereunder, If all of the covenants, agreements or obligations of Contractor hereunder be faithfully performed by said Contract- or, then this b0nd shall be null and void and of no effect. 7. The aforesaid work shall be accomplished within thirty (30) days; provided, however, that this time for completion shall be extended by a period of time equal to any delays caused by strike, riot, civil commotion, Acts of God, Governmental restrict- ions, or natural calamity~ WITNESS the hands /~ZtJay of / ~ (7-. and seals of the parties hereto, this . ] 91) ~. C" ITY OF CLEArtN:~~TErt FLORIDA " ~~,~ Q, ~- --., - , .~ .' >-ci ty Manager C--/ . a sto..form-and- correct": ~'" ___ __--c___o_.__-:,,____-"-_____"__.. _ ___ ___.,__________________.__.___ liounter signed: M~~~r ii.. 'R. lULLER, COUTRACTOR, a sole rop 'etorship, BY. 'J,..-?, /' /"'-, _ ,/" ./ / / ~~.-!-A::.--(/ In the presence of: -2-